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Another way to get deported: Being found guilty of misdemeanor Driving Under the Influence of Drugs or with a minor in the car


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11/17/2008
Bob Battle- Richmond Area
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Michelle Smith, The Assistant Chief Counsel for ICE confirmed recently at a CLE that a legal alien who pleads guilty or is convicted of either DUID (Driving Under the Influence of Drugs) or DUI and child abuse (e.g., a child passenger) is subject to deportation. The only "child abuse" in these cases is the presence of a child in the car of the intoxicated driver.


This can be a hidden consequence for a non-citizen client who pleads guilty to DUI with the aggravating factor of transporting a minor 17 years or under.  Many attorneys are not aware of the extreme consequence to the non-citizen of just pleading him or her guility to DUID or DUI with a passenger 17 years of age or younger in the vehicle.

 

 

 



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